What is undivided ownership? តើអ្វីជានិយមន័យនៃកម្មសិទ្ធិអវិភាគ?


Joint ownership, undivided ownership, ownership management Undivided ownership is defined by Article 202 of the Civil Code as a situation in which several persons own ownership in accordance with their share of the property. And the share of each undivided owner is assumed to be equal (Article 203). How is this undivided property managed? Rights and obligations of undivided owners Each owner can grant (sell) or mortgage (mortgage) his share. And the creditors of the owners who are the polluted children can confiscate that part (Article 204). In addition, the owner of the undivided property may use the undivided property in proportion to his share (Article 205). As for maintenance, each undivided owner can independently take care of the undivided property (stamp 207). The undivided owner may not dispose of or make any significant changes to the undivided property without the consent of the other owners (Article 207). Pursuant to Article 210 of this Code, if the undivided owner gives up his share, the share will go to the other undivided owner, if there is no heir (heir), each owner can claim the undivided property. At any time, the undivided owner may enter into a contract for the non-distribution of the undivided property for a period of five years and may renew the contract for not more than five years (Article 211). How can they be divided? Generally, it is based on the principle of discussion between the owners of all undivided property, but if there is no agreement, all owners of undivided property can sue. In this case, the court may order the distribution of the object in its original form, or if there is a concern that the distribution in its original form would damage the value too much, or if there is a good reason, the court may order the auction and divide the sale into parts or By order to transfer a portion of undivided ownership to other undivided owners by paying compensation on that portion Article (212). Suppose an undivided property owner is entitled to liabilities to other undivided property owners due to maintenance. In that case, the management or other obligations on the undivided property, the undivided owner of the undivided property may demand payment and may take a portion of the property. Undivided at the time of distribution and can also be claimed for sale before the court if not paid (213). Management and costs Pursuant to Article 208, all matters relating to the management of undivided property shall be decided by a majority vote at the value of the share of one undivided owner, except for the respective management. And the undivided property owner shall pay the tax administration costs, respectively, according to their respective shares (Article 209).

Reference
Civil Code 

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